Citation Nr: 21013979 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 16-62 849 DATE: March 11, 2021 ORDER Entitlement to compensation for total disability based on individual unemployability (TDIU) due to service-connected disabilities prior to July 31, 2020, is granted. FINDING OF FACT The evidence shows service-connected disabilities prevent the Veteran from performing the physical and mental acts required for employment. CONCLUSION OF LAW The criteria for entitlement to compensation for TDIU have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.340, 3.341, 4.16, 4.19. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Marine Corps from December 1965 to July 1969. 1. Entitlement to compensation for TDIU A total disability rating may be granted where the schedular rating is less than 100 percent and the veteran is unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities. Generally, to be eligible for TDIU, a percentage threshold must be met. 38 C.F.R. §§ 3.340, 3.341, 4.16(a). The Veteran is service connected for coronary artery disease, posttraumatic stress disorder (PTSD), diabetes, peripheral neuropathy, tinnitus, hearing loss, and scars. His combined disability rating was 90 percent from March 2015 until he was awarded a 100 percent rating July 31, 2020. The 90 percent rating satisfies the threshold requirements for TDIU. See 38 C.F.R. § 4.16(a). In determining unemployability for VA purposes, consideration may be given to the veteran’s level of education, special training, and previous work experience, but not to age or any impairment caused by nonservice-connected disabilities. 38 C.F.R. §§ 3.341, 4.16, 4.19; Hersey v. Derwinski, 2 Vet. App. 91, 94 (1992); Faust v. West, 13 Vet. App. 342 (2000). The sole fact that a veteran is unemployed or has difficulty obtaining employment is not enough, as a high rating in itself is a recognition that the impairment makes it difficult to obtain and keep employment. The question is whether the veteran is capable of performing the physical and mental acts required by employment, not whether he or she can find employment. Van Hoose v. Brown, 4 Vet. App. 361, 363 (1993) (citing 38 C.F.R. §§ 4.1, 4.15, 4.16(a)); see Rice, 22 Vet. App. at 452 (noting that, while “the rating schedule is based on the ‘average impairment in earning capacity caused by a disability,’... entitlement to TDIU is based on an individual’s particular circumstance”). The criteria for compensation based on TDIU have been met. See 38 C.F.R. § 4.16. The evidence shows service-connected disabilities prevent the Veteran from performing the physical and mental acts required for employment. In his application for TDIU, the Veteran reported having a high school education and welding trade school. He worked as a welder from 1970 to 2003. The March 2015 VA examiner found the Veteran’s coronary artery disease would prevent him from doing any physical activity for work. In VA examinations, treatment, and the Board hearing, the Veteran reported symptoms such as irritability, anger outbursts, relationship difficulties, and difficulties dealing with stressful situations. The May 2020 examiner found the Veteran’s heart disability limits exertion, which would likely significantly interfere with his ability to perform moderate to heavy strenuous activity, including welding, lifting/carrying greater than 20 pounds, and climbing stairs or ladders. The July 2020 mental health examiner found the Veteran’s PTSD symptoms would interfere with productivity, motivation, and interactions with others. The evidence shows the Veteran’s heart disability would prevent him from completing jobs requiring physical activity, including his past work as a welder. Moreover, the Veteran’s PTSD would affect his ability to successfully complete jobs requiring interaction with co-workers and customers, like those in retail or other customer-facing roles to which he is qualified. Thus, the Board finds the Veteran is unable to secure or follow a substantially gainful occupation as a result of service-connected heart and PTSD disabilities, and an award of a TDIU is warranted. A. S. CARACCIOLO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A.P. Armstrong The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.